Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 14

Implied Warranties. Shalom Malul contracted with Capital Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens. The price was $10,900. On Capital's recommendation, Malul hired Barry Burger to install the cabinets for $1,600. Burger finished the job in March 2000, and Malul contracted for more cabinets at a price of $2,300, which Burger installed in April. Within a couple of weeks, the doors on several of the cabinets began to "melt," as the laminate (surface covering) began to pull away from the substrate (the material underneath the surface). Capital replaced several of the doors, but the problem occurred again, involving a total of six out of thirty doors. A Holiday Kitchens representative inspected the cabinets and concluded that the melting was due to excessive heat, the result of the doors being placed too close to the stove. Malul filed a suit in a New York state court against Capital alleging, among other things, a breach of the implied warranty of merchantability. Were these goods "merchantable" Why or why not [ Malul v. Capital Cabinets, Inc., 191 Misc.2d 399, 740 N.Y.S.2d 828 (N.Y.City Civ.Ct. 2002)]